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Unfair settlement trick

Submitted by on Tue, 08/21/2007 - 11:13
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I had a credit card debt that was sent to the "Bureau of Collections Recovery Inc. located at 757 corporate Way, EdenPrairie MN, 55344.
Here is what happened......

I spoke to several different people on several different dates at the collection recovery INC.
The debt was for $2175.19.
A verbal agreement was made on the phone for a settlement amount of $1100.00. I asked for a settlement letter and was told I had to pay the $1100.oo first, then the letter would be sent to me.

I paid the amount via debit card.

I was told that in 30 days I would received a settlement letter. I received NO letter. I did not even receive a letter acknowledging my $1100.00 payment.

Instead I got a phone call 30 days later stating that I owe the balance and no settlement was agreed upon.

I was also told my assest would be seized and paycheck garnished.

What kind of low life practice is this?????
I did what I was asked to do and now they are still trying get more money.

What are my options??


Frogpatch is right. NEVER make a settlement or any "deal" with a collector that is not in WRITING and certified mail. When you and they verbally agreed is when you should have had them put that entire understanding in writing and send it to you and THEN you send them the settlement payment.


Submitted by on Wed, 08/22/2007 - 10:42

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Not sure about your state, but here in Texas they cannot garnish your pay and they cannot take your home, etc. for debts. Indeed, every state has a statute of limitation on debt (seems that most people don't realize that). In Texas, if a debt is outstanding for 4 years, it is legally disolved and you no longer owe it. In some states the statute of limitations on debt is as little as 3 years. Don't let collectors BS you--do some research, arm yourself!


Submitted by on Thu, 08/21/2008 - 00:00

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Larry....a few points here

1) this tread is a year old
2)If a creditor has obtained a judgement, then they have the ability to levy bank accounts so there are ways around wage garnishments for judgement creditors.
3) you are correct that the SOL in TX is 4 years
4) you are INCORRECT in your assumption that expiration of SOL disolves(extinguishes) the debt. SOL is an affirmative defense to a civil suit only. An unpaid debt never goes away unless you live in one of the 2 states that have a Statute of Repose (MS & WI). In those 2 states only does expiration of SOL extinguishes the debt.


Submitted by NASCAR_Devil on Thu, 08/21/2008 - 04:00

NASCAR_Devil

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Thanks for the response (never noticed the age of the thread).

Regarding your second point, I assume you are right, but there are ways around the levying of bank accounts if need be; my main point was just that collectors will lie assiduously and threaten to do things they cannot do, so educating and arming oneself is essential.

While your 4th point is probably technically correct, my understanding is that if anyone tries to sue you for a debt more than 4 years old in Texas, you need only respond to the court that the statute of limitations has run out and the case must be dismissed (as must all cases pursued after an applicable statute of limitations). Perhaps the better way for me to have put it is to say that the statute of limitations prevents collection of the debt, but in practical effect the result is the same (that is, legally, you no longer have to pay the debt).


Submitted by on Thu, 08/21/2008 - 13:21

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hey larry, your point about collectors is true they will say anything to get you to pay your bill. (wait a minute you mean there asking you to do something that you knew you should have done on your own) Collectors are the nessesary evil our society created, If you owe a debt treat it like the money is owed to you and I bet all the people on this site would be singing a diffrent tune!!!


Submitted by on Thu, 08/21/2008 - 17:08

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Quote:

Perhaps the better way for me to have put it is to say that the statute of limitations prevents collection of the debt, but in practical effect the result is the same (that is, legally, you no longer have to pay the debt).


There is no legal obligation to pay a debt after expiration of SOL only a moral one. They can still attempt to collect and you can send them a FOAD letter.


Submitted by NASCAR_Devil on Thu, 08/21/2008 - 17:35

NASCAR_Devil

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